What steps do I need to take to re-record or update a joint survivorship deed after co-owners died (CA)

Detailed Answer — How to re-record or update a joint survivorship deed after co-owners die (California)

Short answer: If the deed created a valid joint tenancy (or community property with right of survivorship), ownership automatically passes to the surviving joint tenant(s) when a co-owner dies. To reflect that change in the public record you generally must obtain a certified copy of the decedent’s death certificate and record an Affidavit of Death of Joint Tenant (or similar affidavit) with the county recorder. If the ownership was not joint tenancy (for example, tenants in common), the property does not automatically pass to co‑owners and probate or another transfer process may be required.

What legal rule allows this?

California has a statutory process that lets a survivor record proof of a joint tenant’s death to update title records without full probate. See the California Probate Code sections on transfer of real property after the death of a joint tenant (for example, Probate Code § 13000 and following). For the statutory text, see: Prob. Code § 13000.

Step-by-step practical steps to re-record or update title

1. Confirm the form of ownership. Check the recorded deed. It should say “joint tenants,” “joint tenancy,” or “community property with right of survivorship.” If the deed shows “tenants in common,” the right of survivorship does not apply and the decedent’s share may pass through a will or intestacy.
2. Get a certified copy of the death certificate. Order a certified copy from the county where the person died (vital records). Most county recorders require a certified death certificate to accompany an affidavit.
3. Locate the recorded deed. Get a copy of the recorded deed (book/page or instrument number). You’ll need correct legal description and recording information when you prepare the affidavit or new deed.
4. Prepare an Affidavit of Death of Joint Tenant (or similar affidavit). Use the affidavit authorized by the Probate Code (or your county’s preferred form). The affidavit generally states the decedent’s name, date of death, that the decedent was a joint tenant, and that no probate proceeding affects the property. Sign the affidavit before a notary.
5. Complete any county forms (PCOR) and pay recording fees. Most counties require a Preliminary Change of Ownership Report (PCOR) or similar form when recording a document. Confirm fees and any local requirements with your county recorder’s office.
6. Record the affidavit with the county recorder. File the affidavit and the certified death certificate (often as copies) at the county where the real property is located. The county will accept and index the documents, which updates the public record to reflect the survivor’s sole interest.
7. Consider recording a new deed (optional). An affidavit usually suffices to show title passed, but some owners prefer to record a new grant deed (for instance, from the surviving joint tenant to the surviving joint tenant as sole owner) to tidy the chain of title or to satisfy a title company. If you record a new deed, follow the same recording steps and include the PCOR where required.
8. Notify the county assessor and contact the title company. Recording the affidavit or new deed does not always automatically update tax records. File documents with the county assessor’s office if needed and notify your title insurer so they can update their records and issue endorsements if required.
9. If you encounter complications, consult an attorney or title company. If the deed language is ambiguous, the decedent left a will, multiple survivors dispute ownership, or the recorder rejects the affidavit, you may need probate, a court order, or a quiet title action. An attorney or a good title company can advise the best path.

When you cannot use an affidavit

• If the property was held as tenants in common, an affidavit for a joint tenant won’t work. The decedent’s share may pass under a will or intestacy and might require probate.
• If there is an unresolved probate proceeding that affects the property, the recorder may refuse an affidavit.
• If the deed wording is unclear or names a trust or corporation, different transfer rules may apply.

Important related statutes and official resources

• Probate Code (transfer after death of joint tenant): see Prob. Code § 13000 and following sections.
• County recorder websites and local instructions: each county recorder may publish a preferred affidavit form and list their fees and PCOR requirements—check the recorder in the county where the property is located.

Practical examples (hypothetical)

Example A: Anna and Ben hold a house as joint tenants. Ben dies. Anna obtains a certified copy of Ben’s death certificate, completes an Affidavit of Death of Joint Tenant (referencing the recorded deed), signs it before a notary, files the affidavit and the death certificate with the county recorder, and updates the assessor and title insurer. The public record now reflects Anna’s sole ownership.

Example B: Carla and Dan hold property as tenants in common. Dan dies. Carla cannot use an affidavit to take Dan’s share. Dan’s share passes according to Dan’s will or state intestacy law and likely requires probate or a probate transfer document to change the recorded title.

Helpful Hints

• Start by reading the recorded deed carefully to see the exact words used—small differences matter (“joint tenants” vs. “tenants in common”).
• Call the county recorder before you go. Ask which form they prefer, fees, any required attachments, and whether they accept photocopies of the death certificate or need certified copies.
• Keep certified copies of the death certificate—some recorders want originals or certified copies; title companies usually need certified copies.
• If you plan to refinance or sell, the lender or buyer’s title company will require clear proof of title—recording an affidavit or a new grant deed early avoids delays.
• Record the affidavit in the county where the property sits, not where the decedent lived unless they are the same county.
• If heirs disagree or the title chain is messy, get legal help early. Quiet title actions and probate can be time-consuming and costly but may be necessary.

Disclaimer: This article explains general California law principles and common practical steps but is not legal advice. It does not create an attorney‑client relationship. For help specific to your situation—especially if the deed wording is unclear, there are competing claims, or probate may be required—consult a licensed California attorney or an experienced title company.